UNITED INDIA INSURANCE CO. LTD. versus OUSEPH, S/O DEVASSY

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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UNITED INDIA INSURANCE CO. LTD. v. OUSEPH, S/O DEVASSY - MACA No. 1463 of 2007 [2007] RD-KL 15459 (10 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA No. 1463 of 2007()

1. UNITED INDIA INSURANCE CO. LTD.,
... Petitioner

Vs

1. OUSEPH, S/O DEVASSY,
... Respondent

2. AMMINI @ KATHREENA, D/O CHITTATTUKARA

3. KUNJALIKUTTY, S/O MOHAMMED KUTTY,

4. CHAJER FINANCE CORPN. 193,

5. MARY, D/O CHITTATTUKARA PYLI,

For Petitioner :SRI.M.S.PATTALI

For Respondent : No Appearance

The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice V.GIRI

Dated :10/08/2007

O R D E R

J.B.KOSHY & V.GIRI, JJ.

M.A.C.A.No.1463 of 2007 G

Dated this the 10th day of August, 2007.

JUDGMENT

Koshy, J.

This appeal is by the insurance company challenging the quantum of compensation contending that the claimants are not the dependents of the deceased.

2. An unmarried person, aged about 60 years, died in a motor accident, due the negligence of the driver of the vehicle insured by the appellant-insurance company. The claimants filed an application for compensation and the tribunal has granted a total compensation of Rs.1,49,500/-. This appeal is filed mainly on three grounds:

(i). The claimants are not the dependents of the deceased. (ii). It was contended that the monthly income taken is excessive. (iii) Multiplier adopted is on the high side.

3. It has come out in evidence that the deceased was an unmarried person and he was  M.A.C.A.No.1463 of 2007 living with the second claimant, who was the younger sister of the victim. It has also come out in evidence that a Will was executed by the victim giving all the properties to the sister. The Apex Court in Tara Kakati v. Oriental Insurance Co. Ltd.{2001(9) SCC 253} held that the sister also can claim compensation. The second claimant was the sister, who was looked after by the deceased. She is also a dependent for the purpose of claiming compensation. The 5th respondent herein (4th respondent in the OP) is also a sister. It has come out in evidence that the deceased was an agricultural labourer and he was earning an income of Rs.150/- per day. The tribunal has calculated Rs.2,000/- as his monthly income. In 1994, when the second schedule was introduced, Rs.1250/- per month (Rs.15,000/- per year) was fixed as the notional income for a non-earning person. Here, the victim was an earning person and accident occurred in the year 2000. Therefore, the amount of Rs.2,000/- fixed as the monthly income is  M.A.C.A.No.1463 of 2007 arbitrary. It is true that the exact age of the victim is not proved. According to the police report, the deceased was aged about 60 years. Taking guidelines from the second schedule, the tribunal has adopted 8 as the multiplier, according to us, rightly. The tribunal has not passed any unreasonable award. In such circumstances, we are of the view that there is no merit in the appeal. It is accordingly dismissed. Sd/- (J.B.KOSHY)

JUDGE

Sd/- (V.GIRI)

JUDGE

sk/ //true copy// 

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